101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3926

 

Introduced 10/28/2019, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 727/1-10
55 ILCS 5/3-9008  from Ch. 34, par. 3-9008

    Amends the Police and Community Relations Improvement Act. Provides that in the case of a law enforcement officer-involved death, the chief judge of the circuit court of the circuit in which the law enforcement officer-involved death occurred shall appoint a special prosecutor to review the report of the investigators assigned to investigate an officer-involved death and to prosecute the officer involved in the death, if the special prosecutor determines that there is a basis for the prosecution. Amends the Counties Code to make conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3926LRB101 14730 RLC 63679 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Police and Community Relations Improvement
5Act is amended by changing Section 1-10 as follows:
 
6    (50 ILCS 727/1-10)
7    Sec. 1-10. Investigation of officer-involved deaths;
8requirements.
9    (a) Each law enforcement agency shall have a written policy
10regarding the investigation of officer-involved deaths that
11involve a law enforcement officer employed by that law
12enforcement agency.
13    (b) Each officer-involved death investigation shall be
14conducted by at least 2 investigators, or an entity or agency
15comprised of at least 2 investigators, one of whom is the lead
16investigator. The lead investigator shall be a person certified
17by the Illinois Law Enforcement Training Standards Board as a
18Lead Homicide Investigator, or similar training approved by the
19Illinois Law Enforcement Training Standards Board or the
20Department of State Police, or similar training provided at an
21Illinois Law Enforcement Training Standards Board certified
22school. No investigator involved in the investigation may be
23employed by the law enforcement agency that employs the officer

 

 

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1involved in the officer-involved death, unless the
2investigator is employed by the Department of State Police and
3is not assigned to the same division or unit as the officer
4involved in the death.
5    (c) In addition to the requirements of subsection (b) of
6this Section, if the officer-involved death being investigated
7involves a motor vehicle accident, at least one investigator
8shall be certified by the Illinois Law Enforcement Training
9Standards Board as a Crash Reconstruction Specialist, or
10similar training approved by the Illinois Law Enforcement
11Training Standards Board or the Department of State Police, or
12similar training provided at an Illinois Law Enforcement
13Training Standards Board certified school. Notwithstanding the
14requirements of subsection (b) of this Section, the policy for
15a law enforcement agency, when the officer-involved death being
16investigated involves a motor vehicle collision, may allow the
17use of an investigator who is employed by that law enforcement
18agency and who is certified by the Illinois Law Enforcement
19Training Standards Board as a Crash Reconstruction Specialist,
20or similar training approved by the Illinois Law Enforcement
21Training and Standards Board, or similar certified training
22approved by the Department of State Police, or similar training
23provided at an Illinois Law Enforcement Training and Standards
24Board certified school.
25    (d) The investigators conducting the investigation shall,
26in an expeditious manner, provide a complete report to the

 

 

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1special prosecutor appointed by the court as provided in
2subsection (d-5) State's Attorney of the county in which the
3officer-involved death occurred.
4    (d-5) The chief judge of the circuit court of the circuit
5in which the law enforcement officer-involved death occurred
6shall appoint a special prosecutor to review the report of the
7investigators assigned to investigate an officer-involved
8death and to prosecute the officer involved in the death, if
9the special prosecutor determines that there is a basis for the
10prosecution.
11    (e) If the special prosecutor appointed by the court under
12subsection (d-5) State's Attorney, or a designated special
13prosecutor, determines there is no basis to prosecute the law
14enforcement officer involved in the officer-involved death, or
15if the law enforcement officer is not otherwise charged or
16indicted, the investigators shall publicly release a report.
17(Source: P.A. 99-352, eff. 1-1-16.)
 
18    Section 10. The Counties Code is amended by changing
19Section 3-9008 as follows:
 
20    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
21    Sec. 3-9008. Appointment of attorney to perform duties.
22    (a) (Blank).
23    (a-5) The court on its own motion, or an interested person
24in a cause or proceeding, civil or criminal, may file a

 

 

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1petition alleging that the State's Attorney is sick, absent, or
2unable to fulfill his or her duties. The court shall consider
3the petition, any documents filed in response, and if
4necessary, grant a hearing to determine whether the State's
5Attorney is sick, absent, or otherwise unable to fulfill his or
6her duties. If the court finds that the State's Attorney is
7sick, absent, or otherwise unable to fulfill his or her duties,
8the court may appoint some competent attorney to prosecute or
9defend the cause or proceeding.
10    (a-10) The court on its own motion, or an interested person
11in a cause or proceeding, civil or criminal, may file a
12petition alleging that the State's Attorney has an actual
13conflict of interest in the cause or proceeding. The court
14shall consider the petition, any documents filed in response,
15and if necessary, grant a hearing to determine whether the
16State's Attorney has an actual conflict of interest in the
17cause or proceeding. If the court finds that the petitioner has
18proven by sufficient facts and evidence that the State's
19Attorney has an actual conflict of interest in a specific case,
20the court may appoint some competent attorney to prosecute or
21defend the cause or proceeding.
22    (a-11) In the case of an officer-involved death, as defined
23in Section 1-5 of the Police and Community Relations
24Improvement Act, the court shall appoint a special prosecutor
25to prosecute a law enforcement officer for an officer-involved
26death as provided in subsection (d-5) of Section 1-10 of that

 

 

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1Act.
2    (a-15) Notwithstanding subsections (a-5) and (a-10) of
3this Section, the State's Attorney may file a petition to
4recuse himself or herself from a cause or proceeding for any
5other reason he or she deems appropriate and the court shall
6appoint a special prosecutor as provided in this Section.
7    (a-20) Prior to appointing a private attorney under this
8Section, the court shall contact public agencies, including,
9but not limited to, the Office of Attorney General, Office of
10the State's Attorneys Appellate Prosecutor, or local State's
11Attorney's Offices throughout the State, to determine a public
12prosecutor's availability to serve as a special prosecutor at
13no cost to the county and shall appoint a public agency if they
14are able and willing to accept the appointment. An attorney so
15appointed shall have the same power and authority in relation
16to the cause or proceeding as the State's Attorney would have
17if present and attending to the cause or proceedings.
18    (b) In case of a vacancy of more than one year occurring in
19any county in the office of State's attorney, by death,
20resignation or otherwise, and it becomes necessary for the
21transaction of the public business, that some competent
22attorney act as State's attorney in and for such county during
23the period between the time of the occurrence of such vacancy
24and the election and qualification of a State's attorney, as
25provided by law, the vacancy shall be filled upon the written
26request of a majority of the circuit judges of the circuit in

 

 

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1which is located the county where such vacancy exists, by
2appointment as provided in The Election Code of some competent
3attorney to perform and discharge all the duties of a State's
4attorney in the said county, such appointment and all authority
5thereunder to cease upon the election and qualification of a
6State's attorney, as provided by law. Any attorney appointed
7for any reason under this Section shall possess all the powers
8and discharge all the duties of a regularly elected State's
9attorney under the laws of the State to the extent necessary to
10fulfill the purpose of such appointment, and shall be paid by
11the county he serves not to exceed in any one period of 12
12months, for the reasonable amount of time actually expended in
13carrying out the purpose of such appointment, the same
14compensation as provided by law for the State's attorney of the
15county, apportioned, in the case of lesser amounts of
16compensation, as to the time of service reasonably and actually
17expended. The county shall participate in all agreements on the
18rate of compensation of a special prosecutor.
19    (c) An order granting authority to a special prosecutor
20must be construed strictly and narrowly by the court. The power
21and authority of a special prosecutor shall not be expanded
22without prior notice to the county. In the case of the proposed
23expansion of a special prosecutor's power and authority, a
24county may provide the court with information on the financial
25impact of an expansion on the county. Prior to the signing of
26an order requiring a county to pay for attorney's fees or

 

 

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1litigation expenses, the county shall be provided with a
2detailed copy of the invoice describing the fees, and the
3invoice shall include all activities performed in relation to
4the case and the amount of time spent on each activity.
5(Source: P.A. 99-352, eff. 1-1-16.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.